Failure to appear
I have failed to appear for my arraignment. I had a change of charge and I had to be served with capias.
My $50000 bond was defaulted. Warrant for my arrest was issued. I am not in the country. Is this warrant will work worldwide(outside of US. E.G. Europe. Australia)? Will my US password be canceled ? Can my citizenship by naturalization be revoked based on criminal charges an that I fled from the country? How can i take care of this bad situation without sitting in the jail for a long time? I doubt that judge will set another bond on my case.
4 attorney answers
If there is a good reason for missing the arraignment and the surety is willing to stay liable on the bond, there is a chance the judge could set it aside. I would not advise traveling, especially internationally, with an outstanding warrant as you could risk being taken into custody in a foreign jurisdiction and then you have an extradition nightmare on your hands. Do not delay, the older a warrant gets the less likely the judge is to set it aside.
Q: Is this warrant will work worldwide(outside of US. E.G. Europe. Australia)?
A: Yes and no. Yes the warrant exists, it is in the criminal justice system and anyone with access to our criminal justice database (certainly in the US and at any US border checkpoint) can see it. Whether or not it has been formally submitted to Interpol I cannot say, just as I cannot say whether or a US passport will return a hit outside of the US.
Q: Will my US password be canceled ?
A: Cancelled, probably not; red-flagged, more likely.
Q: Can my citizenship by naturalization be revoked based on criminal charges an that I fled from the country?
Q: How can i take care of this bad situation without sitting in the jail for a long time?
I doubt that judge will set another bond on my case.
A: I don't have ESP, a crystal ball, Tarot cards, an Ouiji board or any other way to tell you what WILL happen; what I can tell you is 2 things:
1) The bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).
2) You could also face a new and additional charge called "bail jumping". Florida Statute 843.15 is the "bail jumping" statute and, essentially it provides a mechanism for the State to charge you with a separate and independent crime when you fail to appear while on pre-trial release on bail.
Subsection (1)(b) makes it a separate first degree misdemeanor where you fail to appear in court after posting bail in any misdemeanor case, and section (1)(a) makes it a separate third degree felony where you fail to appear in court after posting bail in any felony case.
In other words, your failure to appear while out on bond may constitute a separate and distinct crime in and of itself. The exact language of the statute is: "whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given or pledged for her or his release and, in addition, shall: (a) If she or he was released in connection with a charge of felony or while awaiting sentence or pending review by certiorari after conviction of any offense, be guilty of a felony of the third degree…: or (b) If she or he was released in connection with a charge of misdemeanor, be guilty of a misdemeanor of the first degree.
You should know that FS 843.15 also holds that nothing in the statute shall interfere with or prevent the Court from exercising its power to punish you for contempt as well.
My advise: Locate an experienced 561 area criminal defense lawyer and engage in a meaningful discussion aimed at getting yourself some advise which is custom tailored to the unique facts and circumstances of your case and is designed to meet your specific reasonable needs.
Wishing you luck and hoping that I have been helpful in answering your question.
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If you are a citizen, through naturalization or otherwise, you should not face immigration consequences. Therefore, I have switched the area of law to criminal defense. You need to immediately retain a criminal attorney who practices in the area in which you were charged.